1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Whether the lawsuit of this case is legitimate

A. On March 7, 2006, the Plaintiff asserted that he lent KRW 95,00,000 to the Defendant on a monthly basis with two percent (20,000 per annum) and sought the payment of the principal and interest, the Defendant was granted immunity, and therefore, the lawsuit of this case has no interest in the lawsuit.

B. In other words, a property claim arising from a cause before the debtor is declared bankrupt, and a bankruptcy claim becomes final and conclusive in accordance with the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and upon confirmation of a decision to grant a immunity on the bankrupt, all of the liability is extinguished in principle, and the right to institute a lawsuit and the executive force of ordinary claims are lost.

According to the purport of the evidence Nos. 2 through 5 and the entire purport of the pleadings, the Defendant, on May 17, 2016, filed a bankruptcy and application for immunity with the Seoul Central District Court No. 2016Hadan10453, 2016 the Seoul Central District Court rendered a bankruptcy and application for immunity from March 21, 2017 from the Seoul Rehabilitation Court, and the decision of immunity becomes final and conclusive around that time, and the fact that the claim of the Plaintiff’s assertion of this case is included in the list of creditors of the above bankruptcy and exemption case.

According to the above facts of recognition, the claim in this case was exempted from its responsibility according to the above immunity decision and lost the ability and executory power of filing a lawsuit with ordinary claims.

Therefore, the lawsuit of this case is unlawful because there is no benefit of protection of rights.

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.